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Bombay High Court Quashes Removal of Sarpanch in Tender Misconduct Case — Enquiry Vitiated by Violation of Natural Justice. Order under Section 39(1) of Maharashtra Village Panchayats Act set aside for lack of fair opportunity to cross-examine witnesses and consider defence.

The petitioner, Sau. Leena Ramesh Dongarwar, was the Sarpanch of Navegaon Bandh Gram Panchayat. She was removed from office by an order of the Deputy ...

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Bombay High Court Upholds Copyright Injunction Against Music Streaming Service in Interpretation of Section 31D of Copyright Act, 1957. The court held that a statutory license under Section 31D for radio broadcasting does not extend to internet streaming services like Wynk Music.

The case involves two appeals by Wynk Ltd and Bharti Airtel Ltd (defendants) against an order of the Bombay High Court (SJ Kathawalla J) dated 23rd Ap...

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Bombay High Court Dismisses Writ Petition Challenging Revisional Order Setting Aside Process in Forgery Case — Sanction Under Section 195 CrPC Required for Prosecution of Offences Under Sections 463, 465 IPC When Alleged Forgery Relates to Proceedings Before Revenue Authorities.

The petitioner, Bhausaheb Shivaramji @ Francis Ignati Bodhak, filed a criminal writ petition under Article 227 of the Constitution of India challengin...

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Bombay High Court Dismisses Petition Challenging Industrial Court Order for Reinstatement with Full Back Wages. Termination of Workmen Held to Be Colourable Exercise of Employer's Rights and Victimization Under Industrial Disputes Act, 1947.

The petitioner, Anglo French Drugs & Industries Ltd., challenged an order of the Industrial Court dated 11th April 2002, which allowed a revision appl...

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High Court of Karnataka Allows Appeal Against Ex-Parte Decree in Recovery Suit — Sets Aside Order Rejecting Application Under Order 9 Rule 13 CPC. Failure to Serve Summons Properly and Lack of Knowledge of Proceedings Constitute Sufficient Cause for Setting Aside Ex-Parte Decree.

The appellant, Shri K. Raja, filed a Miscellaneous First Appeal under Order 43 Rule 1(d) of the Code of Civil Procedure, 1908 (CPC) against an order d...

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High Court of Bombay at Nagpur Dismisses Election Petition for Non-Compliance with Section 83 of the Representation of the People Act, 1951 — Failure to Disclose Material Facts and Proper Verification Renders Petition Liable for Summary Dismissal.

The petitioner, Kishor Uttamrao Gajbhiye, filed an election petition under Section 80 of the Representation of the People Act, 1951, challenging the e...

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High Court of Karnataka Dismisses Appeal in Property Dispute, Upholds Trial Court Decree for Declaration, Injunction and Possession. Court holds that plaintiff failed to prove title by adverse possession and that the suit was not barred by limitation under Article 65 of the Limitation Act, 1963.

The case involves a property dispute where the appellant, Smt. Sarala Kalaghatagi, filed a Regular First Appeal under Section 96 of the Code of Civil ...

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High Court of Karnataka Dismisses Appeal by Industrial Development Board in Suit for Declaration and Injunction — Board's Failure to Prove Title and Possession Leads to Dismissal of Appeal.

The appeal was filed by the Karnataka Industrial Areas Development Board (KIADB) and its officers against the judgment and decree dated 12.12.2012 pas...

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Bombay High Court Disposes Pending Applications and Show Cause Notices in Scheme of Compromise Under Section 391 of Companies Act, 1956. Criminal Proceedings Under Maharashtra Protection of Interest of Depositors Act, 1999 Allowed to Continue Notwithstanding Sanction of Scheme.

The matter arose from a scheme of compromise and arrangement proposed by Europlast India Ltd. under Section 391 of the Companies Act, 1956. The unsecu...